The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-08-31
Wednesday, August 81, 1887.
Easy Bail for Evil Doors.

Some OF our exchanges seem anxious TO eN-
plain Judge Wallace's act in releasing on bail
jones, the triple murderer Of EdSefcld, ana
for the act find full Justification in our laws.
To looker-on, the outsider must come to the
conclusion that there is a lamentable confn-
sion in our laws or else there must be lack
of administration. The Ne'cs and Courier
gives short statement Of the facts, which VIC
reproduce:
RI Jones killed Edward Pressly, Sr., and
his two sons, Charles Presley and Edward
PRESLEY Jr., and was indicted for the triple
murder. Upon his trial for the murder OF Ed
slaughter and sentenced to thirty years in the
penitentiary. There were still two lndlct'
ments for murder against him when ne was
tried and convicted. but he was ordered 10 oe
discharged from custody, as to these lndlcl,,
mcnts, because he was not tried at the SeGono
term Of Court after the commitment. When,
Mt the last term Of Court, the two untrieti
cases were called, the counsel ior Jones ialseu
if he had been acquitted. Judge wallace
thereupon decided that these cases had Oeen
improperly kept on the docket. The state IN.
tends to give out new bills in the eases, 1t Is
said, and the defence insist that this cannon
be done. The appeal to the supreme Courl
stays the execution Of fhe at IN the cW
trial and secure then acquittal, ne VIII go lree
absolutely according to the theory OF his
counsel. Application was madc ior lhe re-
lease of Jones on bail, and TINS mas peeN
granted, the amount of bail being slOooo.
or course the granting of ball. whether in
tended or not, usually has the effect of molli-
fying public sentiment at the commission OF
the most heinous crime, and jurors, who doubt
their own sense Of justice, are often glad ia
act upon any hint or suggestion coming from
the Bench. We may yet see the spectacle of a
hot t0 M mn n.
ishment than the expense and annoyance OF
a defence.
The Wfnnsboro Ne,ps and Herald comments
on the matter in an admirable article, as fol-
lows:
The theory of his counsel is without the
foundation Of law. The Statute provides that
"lf any person committed for treason or felo-
ny, ETC., upon his prayer or petition in open
Court on the first week OF the term 10 De
brought to trial, shall not be indicted some.
time in the next term after such commitment
shall, upon motion, ETC., be set at liberty upon
bail unless II appear TO the Court upon onth
that the witnesses for the State could not be
produced the same term; and If any person
committed as aforesaid, upon his prayer or
petition in open Court, the first week OF the
terin, to be brought to trial, shall not be IN, M.
dlcted and tried the second term after his
commitment or upon his trial shall be &C
quilted, he shall be discharged from his I'M
prisonment."
1uIS ScCIIOu vi tlC HVOcoS y" Peeo ~ "oo az
tended simply to prevent the indefinite i'm.
prisonInent Of parties charged with non-bail-
able offences. To be entitled to the benefit OF
this section the accused must have exhibited
the diligence which the section imposes. If,
for example,, he neglects at the first term to
exhibit his petition to be brought to trial, he
will not be entitled to his absolute discharge
at the second term, nor Will he be entitled to
this II the continuance at the first term Is had
on account of the absence OF the States wit
nesses-for a more powerful reason, he Will
not be entitled to it If the continuance is had
on his own motion at either term.
Before the accused shall be entitled to this
absolute discharge he must have exhibited
his petition to be brought to trial at two sue
cessive terms of the Court after his incarcera
tion and the law imposes upon the judge the
imperative duty of dlscharging him unless il
appears upon oath. ETC., that "the witnesses
for the State could not be produced at the
same term"
This Interpretation is borne out by the fol.
lowing section of the Act, which provides
"that II the accused shall neglect for two
terms to apply for hobcas corpus for his en-
largement, that he shall not be entitled to the
writ in vacation time"
In order to entitle the accused to his dis
charge on account of delay in bringing the
trial the STATE must be at f;iult-Hurd on Hu-
beGs Corpus. p. 445; Bay, 5G3.
The striking OF the cases from the docket
does not amount to anything: they may be
restored, or he may be indicted again. Evcn
II an order has been passed diScharsing the
defendant in these cases 1t is no bar.
The facts Of Jones case do not cntitlc him
to the extraordinary remedy which the law
provides